Introduction

The case of Satish Govind Applicant v. President and Secretary, Windsor Park Residents Welfare Association And Another (s) was adjudicated by the National Green Tribunal (NGT) on November 1, 2022. This landmark judgment addresses the persistent violation of air quality norms by the operation of diesel generators (DG sets) within residential complexes, specifically focusing on Windsor Park Residents Welfare Association (WPRWA) in Ghaziabad, Uttar Pradesh.

The petitioner, Satish Govind, highlighted the adverse effects of DG sets on air quality within Windsor Park Society, which comprises 12 towers housing approximately 770 apartments. The DG sets, improperly ventilated with chimneys ending at ground level, have been emitting exhaust fumes directly into the living spaces, causing significant health and environmental concerns among the residents, especially those on lower floors.

Summary of the Judgment

The NGT, recognizing the severe implications of air pollution caused by DG sets, reiterated the need for stringent enforcement of existing air quality norms. The Tribunal's decision encompasses the following key directives:

• Immediate Action on DG Sets: The WPRWA was instructed to discontinue the use of DG sets exceeding 15 years of age and replace them with cleaner, compliant alternatives.
• Compliance with Emission Standards: All operational DG sets must adhere to the Central Pollution Control Board (CPCB) guidelines, including proper stack heights to ensure adequate dispersion of exhaust fumes.
• Financial Accountability: The Tribunal imposed an environmental compensation of over ₹4.27 crores against WPRWA for past violations.
• State-wide Policy Implementation: Uttar Pradesh was directed to formulate and enforce a state-wide policy to monitor and regulate DG set operations across residential complexes.
• Formation of National Task Force: An eight-member National Task Force (NTF) was mandated to oversee the implementation of remedial measures and ensure compliance with both existing and newly established air quality standards.

Analysis

Precedents Cited

The judgment extensively referenced several pivotal cases and legal frameworks that have shaped environmental jurisprudence in India:

• M.C. Mehta v. Union of India (1985): This series of cases underscored the constitutional duty of the State to protect and improve the environment, reinforcing the application of the Public Trust Doctrine.
• Arjun Gopal v. Union Of India (2017): Highlighted the catastrophic air quality levels in Delhi, emphasizing the health impacts and the necessity for urgent remedial measures under the National Ambient Air Quality Standards.
• Graded Response Action Plan (GRAP): A Central Government notification approved by the Supreme Court, provides a structured framework for responding to varying levels of air pollution in the National Capital Region (NCR).

Legal Reasoning

The Tribunal's legal reasoning was anchored in both statutory provisions and constitutional mandates:

• Environment (Protection) Act, 1986: Empowered the Central Pollution Control Boards (CPCBs) to regulate and take remedial actions against sources of pollution, including DG sets.
• National Clean Air Programme (NCAP): Mandates the transition from diesel-based generators to cleaner alternatives, aligning with sustainable development principles.
• Public Trust Doctrine: Reinforced the State's obligation to act as a trustee for environmental protection, ensuring citizens' rights to a clean environment are upheld.

The NGT found that WPRWA's continued operation of outdated and improperly vented DG sets directly contravened these legal provisions, posing significant health risks to residents and violating the broader environmental safeguards established by law.

Impact

This judgment sets a critical precedent for the enforcement of air quality standards within residential complexes across India. The potential implications include:

• Enhanced Regulatory Compliance: Residential societies must ensure their DG sets are compliant with emission and noise standards, potentially leading to widespread upgrades or replacements of existing generators.
• Financial Accountability: Imposition of substantial environmental compensation serves as a deterrent against non-compliance, reinforcing the 'Polluter Pays' principle.
• Policy Implementation: States are now compelled to develop and enforce comprehensive policies to monitor and regulate DG set operations, ensuring sustained air quality improvements.
• National Task Force Establishment: The formation of the NTF is poised to facilitate coordinated efforts across various governmental levels, ensuring effective monitoring and implementation of remedial measures.

Future cases involving air quality violations by DG sets or similar pollution sources are likely to reference this judgment, reinforcing the judiciary's stance on environmental protection and public health.

Complex Concepts Simplified

Diesel Generator Sets (DG Sets)

DG sets are backup power generators that run on diesel fuel. They are commonly used in areas with unreliable power supply. However, their operation emits pollutants like particulate matter (PM2.5 and PM10), nitrogen dioxide (NO2), and sulphur dioxide (SO2), which contribute to air pollution and pose health risks.

Stack Height

Stack height refers to the length of the exhaust pipe above the DG set, designed to disperse pollutants higher into the atmosphere to reduce ground-level pollution. Inadequate stack height leads to higher concentration of harmful emissions at the source, adversely affecting nearby residents.

Graded Response Action Plan (GRAP)

GRAP is a framework that prescribes specific actions to be taken based on the severity of air pollution levels in a region. For instance, when air quality reaches 'Very Poor,' DG sets may be mandated to stop operation to mitigate pollution.

Environmental Compensation

This refers to financial penalties imposed on entities that violate environmental norms. The funds collected are intended for environmental restoration and to compensate affected parties for the damage caused.

National Ambient Air Quality Standards (NAAQS)

NAAQS are regulatory standards established by the CPCB to limit the concentration of various pollutants in the air. These standards aim to protect public health and the environment from the adverse effects of air pollution.

Conclusion

The NGT's judgment in Satish Govind v. WPRWA marks a significant stride in the enforcement of air quality norms within residential settings. By holding the WPRWA accountable for prolonged violations and mandating comprehensive remedial measures, the Tribunal underscored the paramount importance of environmental compliance for public health.

The directive to form a National Task Force and enforce state-wide policies ensures a structured approach towards mitigating air pollution from DG sets and other sources. This decision not only reinforces existing legal frameworks but also sets a robust precedent for future environmental governance, emphasizing the judiciary's pivotal role in safeguarding citizens' right to a clean and healthy environment.

As urbanization continues to escalate, the principles affirmed in this judgment will be instrumental in shaping sustainable and livable communities, balancing infrastructural needs with environmental stewardship.